Re: 264 Disposed on 31.3.20

264 filled in Jan 19, pending as on 31.1.20 i.e. Upto here Applicant is qualified for VsV, but PCIT does not consider press note dt. 24.3.20 extending dates & disposes off 264 by rejecting it on 31.3.20. Can Assessee now file VsV ? Considering i) dispute is now not pending on specified dt. 31.1.20 but on 31.3.20 ii) Writ can be filled in High Court against 264, If yes then what would be the relevance of specified date ? Also than, all Appeals disposed after 31.1.20 also can be settled under VsV ? kindly suggest.

Yes, as on January 31, as per Section 2(1) (v) of the the assessee is an appellant under VSVAct, 2020 .    

The order passed by the PCIT is not in accordance with the provisions of the Act and also ordinance . The querist is advised to file  a rectification application before the PCIT . The PCIT may pass the order recalling his order . The assessee can avail the benefit of the Scheme . One may to consider whether the PCIT has afforded the assessee a reasonable opportunity to be heard while deciding the matter.  As there is no provision for appeal against order u/s 264 it may be desirable to file the  Writ against the order u/s 264 of the Act . 

 

Today The Income Tax Appellate Tribunal had arranged the Video conferencing on the Topic : The Direct Tax Vivad Se Viswas Act .2020.   Shri Pramod Chandra Mody Honourable Chairman CBDT  was present on the occasion and he has kindly agreed to clarify the issues raised by the Tax professionals.   We will take up this issue also when a representation is sent to Chairman  CBDT . 

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